IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140019110
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests all the awards his unit, B Battery, 1st Battalion, 77th Field Artillery, earned during Operation Enduring Freedom (OEF) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his DD Form 214 doesn't show all the awards his unit earned during OEF. He believes the record to be in error because he was discharged prior to the awards being authorized.
3. The applicant provides U.S. Field Artillery Center and Fort Sill, Fort Sill, OK Permanent Orders 197-600, dated 16 July 2001.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He previously served 4 years in the U.S. Marine Corps. On 7 September 2000, he enlisted in the Regular Army.
3. On 16 April 2001, he was assigned to B Battery, 1st Battalion, 77th Field Artillery. He was deployed with his unit to Kuwait in support of Operation Desert Spring from 20 August 2001 to 13 February 2002.
4. On 5 February 2003, he was discharged. He completed 2 years, 4 months, and 29 days of active service that was characterized as under honorable conditions. His DD Form 214 shows he was award or is authorized the:
* Navy Unit Commendation
* Army Achievement Medal
* Meritorious Unit Commendation
* National Defense Service Medal with 1 bronze service star
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sea Service Deployment Ribbon (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
5. A DD Form 215 (Correction to DD Form 214) was issued on 3 June 2005. This form added the following awards to his DD Form 214:
* Global War on Terrorism Expeditionary Medal
* Global War on Terrorism Service Medal
6. Lineage and honors information on the Army history website does not show the applicant's unit as having received any unit awards during the period he was assigned.
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 doesn't reflect the awards he earned while assigned to B Battery, 1st Battalion, 77th Field Artillery. However, he is not specific as to which award he feels is not on his DD Form 214. A DD Form 215, dated 3 June 2005, added two awards in addition to those already shown on his
DD Form 214.
2. Lineage and honors information on the Army history website does not show his unit was awarded any unit awards during the period the applicant was assigned.
3. In view of the above, there is insufficient evidence to add any additional awards to the applicant's DD Form 214 with a separation date of 5 February 2003.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140019110
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ABCMR Record of Proceedings (cont) AR20140019110
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